We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Being served notice, with new baby

13

Comments

  • neneromanova
    neneromanova Posts: 3,051 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Welcome to the joys of being a parent. Why not look on rightmove.co.uk at the renting sections. that's where I found my house. Plus why can't you take the baby with you to view properties?

    I know this is totally off topic, but I found the best thing for a colicy baby is infacol.
    What's yours is mine and what's mine is mine..
  • IveSeenTheLight
    IveSeenTheLight Posts: 13,322 Forumite
    I know this is totally off topic, but I found the best thing for a colicy baby is infacol.

    We tried infacol and gripewater, but the best thing we found was a change of diet for the mother (assuming she is breast feeding).

    Simply cutting out dairy products work wonders within 2 days for us
    :wall:
    What we've got here is....... failure to communicate.
    Some men you just can't reach.
    :wall:
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This will get closed if people continue to give medical advice; I'm sure the OP just wants advice on the situation above rather than on medical matters.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    Tish and tosh, recommending gripe water and a change of diet for colic isnt giving medical advice.

    You'll find that things calm down with the bub quite a lot after 6 weeks OP. Bad luck at being back at work so soon.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 21 July 2009 at 3:12PM
    ok - in terms of legal time frames - when your AST comes to an end - you do not have to move out.

    If any LL wants you out he has to have given you a SEction 21 Notice which gives you two months notice - the dates on the Notice are absolutely crucial. i suggest you contact CAB or Shelter to check out if the notice has been given to you is legal.

    If you want help here - we will need the date the tenancy agreement started, the date you pay your rent, and the heading and the dates on the SEction 21 notice.

    AT the end of the Section 21 period and/or AST - the LL will then have to go to court to ask for possession of the property. The court hearing may well be another couple of months if the court is a busy one. A family with a young baby will probably be given 6 weeks minimum to find another place to live. EVEN then - the tenant does not have to leave. The LL will then need to go back to court to ask for a Bailiffs WArrant. Bailiffs are busy people and you could wait another couple of months for them to arrive - then the tenant has to leave.

    This whole process takes 2-3-4 months AFTER the end of the AST - so - dont get too scared about a short time frame.

    I suspect that the LL does not know any of this.

    It is very sad that there is illness in his family, but he will have to rent in the short term, as he cannot get you out quickly.


    Hope this helps you stop panicking a little
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Doooford wrote: »
    I have just found a sample of the contract (which I got before the contract was ready), and it states:-
    The tenant agrees that the landlord has the right to terminate the tenancy after the first (insert period) by giving the tenant not less than two months notice in writing by serving a section 21 notice to end the agreement.

    I'm going to leave work early and dig out the original and hope the the (insert period) says 12 months.
    Doooford, Break clauses are often badly written and unenforceable, in which case you should be able to stay for the whole fixed term. You should really get professional advice, Shelter et al taking along the tenancy agreement and the notice you were given. However as you are short of time we may be able to give you a pointer to what to look for but only if you post the exact wording of the break clause including both how the LL can break AND how the tenant can. If the tenant doens't have the same rights to break as the LL then the clause is unfair.
  • Welshwoofs
    Welshwoofs Posts: 11,146 Forumite
    clutton wrote: »
    AT the end of the Section 21 period and/or AST - the LL will then have to go to court to ask for possession of the property. The court hearing may well be another couple of months if the court is a busy one. A family with a young baby will probably be given 6 weeks minimum to find another place to live. EVEN then - the tenant does not have to leave. The LL will then need to go back to court to ask for a Bailiffs WArrant. Bailiffs are busy people and you could wait another couple of months for them to arrive - then the tenant has to leave.

    I find this one interesting as I'm intending to be a landlord.

    I always assumed that once the AST agreement ended, the tenant moved out - but you're saying that any tenant can simply elect to stay on in a rented property if they so desire and the LL has to go to court to get them out? If so, what on earth is the point of an AST agreement at all? As a tenant I always worked on the basis that when the agreement came to an end, I left the property unless a new agreement had been entered into.

    Op - if you are having problems going to look for places together because of the new baby, why don't you take it in turn to do viewings alone and if you hit on a place you really like, arrange a second viewing for the other one to go along on their own?
    “Don't do it! Stay away from your potential. You'll mess it up, it's potential, leave it. Anyway, it's like your bank balance - you always have a lot less than you think.”
    Dylan Moran
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Welshwoofs wrote: »
    I find this one interesting as I'm intending to be a landlord.

    I always assumed that once the AST agreement ended, the tenant moved out - but you're saying that any tenant can simply elect to stay on in a rented property if they so desire and the LL has to go to court to get them out? If so, what on earth is the point of an AST agreement at all? As a tenant I always worked on the basis that when the agreement came to an end, I left the property unless a new agreement had been entered into.

    It becomes a periodic tenancy, rent is still payable though. Many LL's like to renew contracts to keep the tenant locked in and have security of rent.

    As this might* be a new sideline for you I'd get over to landlord zone and have a read up.


    *depending upon the outcome of the "better than eastenders" thread
  • Welshwoofs
    Welshwoofs Posts: 11,146 Forumite
    RabbitMad wrote: »
    As this might* be a new sideline for you I'd get over to landlord zone and have a read up.


    *depending upon the outcome of the "better than eastenders" thread


    God I will! I've obviously held a lot of assumptions from the years that I've rented, but I've never been a bad tenant and I've never had a particularly bad LL (had a few agencies chance their arm with deposit, but I've always won out) so I think I need to spend my Eastenders Saga time getting extremely knowledgeable!
    “Don't do it! Stay away from your potential. You'll mess it up, it's potential, leave it. Anyway, it's like your bank balance - you always have a lot less than you think.”
    Dylan Moran
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""any tenant can simply elect to stay on in a rented property if they so desire and the LL has to go to court to get them out?"

    oh yes - that is exactly how it is

    and to make it worse - if you take benefit tenants and you want to evict them via a Section 21 notice, they will then go to the local authority and ask for housing and the council will tell them to stay put - they will be told "if you leave before a court order for possession is issued - you will be deemed to have made yourself voluntarily homeless and we will then have no statutory duty to rehouse you - other than in a grotty B&B hostel if you have children - and that hostel could be absolutely anywhere.....
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.